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Section 2 orders

Before 30 September 2010 you could apply for a section 2 order to stop your lender from repossessing your home. This was to give you time to pay off your arrears or to give you time to find another home where your home was to be repossessed.

What were section 2 orders?

Section 2 orders were court orders under the Mortgage Rights (Scotland) Act 2001 that you could get from the sheriff court. They could:

  • stop your lender from repossessing and selling your home, giving you a chance to pay off your arrears, or
  • give you some time to find another home if your home was being repossesed.

This required the use of a solicitor. Sometimes conditions were attached to section 2 orders. For example, you may have had to make monthly payments to clear your arrears and get debt advice from a money adviser, or make a homeless application to the council if your home is being repossessed.

Section 2 orders were scrapped by the Home Owner and Debtor Protection (Scotland) Act 2010 which brought in pre-action requirements that lenders have to complete before they can repossess your home.

What happens now?

Lenders must now follow pre-action requirements before they can repossess your home. See the page on the repossession procedures for more information.

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